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Ruling: In the letter of claim and first hearing, pl1 asked for 6 months of salary for 2015 (=42,000 NIS). However, in summations he added on the first three months of 2016, claiming that he did not mention those months previously because he had limited his total claim to 120,000 NIS and was referring only to the amount due for 2015. One is not able to alter the scope of his claims in the midst of a proceeding unless he has a convincing explanation (amatla) as to why he changed his claim (Shulchan Aruch, Choshen Mishpat 80:1). Pl1 did not explain why he would have limited his claim to 120,000 NIS if he thought he deserved more or why he would have not bothered to mention the months of 2016. Therefore, the additional claim will not be considered.
Def1 claimed that pl1 should prove that he did sufficient work during 2015 to justify a full salary. While pl1 did provide some documentation of work, it is unclear that it was proof of a great enough amount. However, that is not the issue here. According to the agreement, pl1 was to be paid as a worker for a time period, not as a contractor who gets paid by results. Since no time expectations were stated for pl1 (there was no claim that pl1 was supposed to punch a clock), it is not feasible for him to prove that he did as much as he had to. It was clear that part of pl1’s day was going to be spent working on pl2, to which def2 channeled clients, and the same agreement that mandated it also spoke of pl1’s salary. Def1 was unable to explain to beit din exactly what was expected of pl1.
In cases like this, when one side can know the facts and the other cannot, the one who knows is believed with an oath (Shulchan Aruch, CM 91:3). According to the common practice (and apparently the law), we do not reduce anything from the worker’s salary in such a case, which is what we will rule. Therefore, pl1 is to receive 42,000 NIS on this claim.
P'ninat Mishpat (829)
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671 - Disappointment with Arba Minim Sales Provisions – part III
672 - Aftermath of a Complex Partnership – part I
673 - Aftermath of a Complex Partnership – part II
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Beit Din Eretz Hemda - Gazit
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook #103 – part II
P'ninat Mishpat A Commercial Rental for a Closed Business – part II
based on ruling 80047 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat Repercussions of a Sale That Turned Out Not Happening – part II
(based on ruling 83045 of the Eretz Hemdah-Gazit Rabbinical Courts)
Igrot Hare’aya Connecting Disciplines in Torah Study
Igrot Hare’aya – Letters of Rav Kook 103 – part III
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
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How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
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As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
